As a concerned tenant, here is what you should know:

  • There is no HUD policy that restricts landlords from adopting smokefree policies in common areas or in individual units.
  • Smokefree policies are permitted under federal law, including the federal Fair Housing Act, and under both Oregon and Washington law.
  • If an apartment owner who has HUD-assisted housing units decides to make the smokefree policy a condition of the lease, HUD approval is necessary to confirm that the new lease follows HUD's model lease. However, the smokefree policy can be adopted as a part of "house rules" without HUD approval.
  • Landlords must also be sure to make considerations for smoking residents already living in their buildings, such as providing a reasonable period of notice, e.g., instituting the smokefree policy at the time of lease renewal.

You can download an analysis (PDF) of the authority of Housing Authorities and Section 8 multiunit housing owners to adopt smokefree policies in their residential units.